[HN Gopher] If founders treated investors the way they treat emp...
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       If founders treated investors the way they treat employees
        
       Author : yodon
       Score  : 123 points
       Date   : 2022-04-20 16:55 UTC (6 hours ago)
        
 (HTM) web link (software.rajivprab.com)
 (TXT) w3m dump (software.rajivprab.com)
        
       | d23 wrote:
       | Ha! Really close to a conversation I had with a recruiter back
       | when I was looking. They were promising a ton of equity, and when
       | I asked to see just a high level picture of the finances to make
       | sure basics like the amount of runway were reasonably long I was
       | met with an awkward pause. It's really strange that companies not
       | only expect you to take a massive risk on the "upside potential"
       | and then won't even let you inspect the current state.
       | 
       | So yeah: I'll just go with Google I guess /shrug
        
         | ryandrake wrote:
         | I once interviewed for a software position at a risky looking
         | small company, and I asked the CEO/owner if the books were
         | available for me to verify their 1-5 year outlook before I
         | moved my family across the country for the job. He looked
         | totally shocked and gave a weirdly cagey "no". I learned long
         | after the fact that at first he was mortified and then later
         | had a "wow who does he think he is" chuckle with the HR lady
         | about me.
         | 
         | They ended up making a barely acceptable offer because despite
         | my horrible faux pas, I was a domain expert and they couldn't
         | keep staff for more than a year. And I accepted because I was 1
         | month away from being bankrupt and homeless. Lasted a year and
         | a half. The business turned out to be solid but I left for
         | greener pastures.
         | 
         | I have no idea why owners are so cagey about the health of
         | their businesses and funding sources, to potential employees.
         | Especially when things are basically fine! He was bootstrapped
         | and evidently had fine cash flow. Why is this a faux pas to
         | ask? HN is full of entrepreneurs: why are you so offended when
         | a candidate asks about cash flow or to see the cap table?
        
           | kmonsen wrote:
           | I once interviewed with a startup and the equity part of the
           | offer was only x number of options. So I was like, OK what is
           | current/expected evaluation and how many shares outstanding,
           | like what is the percentage I get. That was apparently "big
           | company thinking" and they rescinded the offer just for
           | asking this question (through the experienced recruiter).
        
             | jacquesm wrote:
             | evaluation -> valuation?
        
           | lovich wrote:
           | These are intelligent people and the actions don't make sense
           | when you look at the details, like your example of being in a
           | fine position. That only leaves unaccounted for variables at
           | play, and the best I've been able to tell is that its a
           | cultural gap between the execs and the plebs that plays out
           | even at small startups.
           | 
           | You see the same behavior in non tech companies when VPs find
           | out what their senior software engineers are paid, and start
           | getting upset at the similar salary level, even though that's
           | the market price. Or in things like rules that only Execs get
           | to fly first class. I had a an executive have HR look into me
           | "breaking the rules" when he saw me in first class with him
           | on the way to a company event after I paid to upgrade my own
           | seat.
        
             | toomuchtodo wrote:
             | Hard to take the lizard brain out of the human.
        
           | manquer wrote:
           | - Founders/management get defensive because they don't think
           | they are so small that they cannot be trusted to pay you on
           | time and when you ask for data it implies you don't trust
           | their word that can taken as insulting/lack-of-confidence in
           | them.
           | 
           | - The other common reason is those numbers are confidential
           | not just from employees, a competitor or investor who is
           | evaluating a competitor could use it against you, so founders
           | worry about that stuff, you may not take the offer and
           | mention it to next company you talk to etc.
           | 
           | - Few tech employees have the financial know-how to read
           | financials, especially of startups . Most early stage
           | investors rarely go through the actual books in any detail.
           | 
           | - Measures like churn, CAC, ARR, MRR are the go-to metrics .
           | The actual book numbers basis cash flow can be very bad
           | although company is in decent health, this is why banks will
           | not loan early-stage startups money unlike small businesses
           | as startup numbers are not simply good enough by traditional
           | metrics.
           | 
           | - In small enough companies exposing the books to new
           | employee will give rough idea of who is earning how much
           | including the founders, and what else company is spending
           | money on, keeping the information asymmetry can be seen as
           | beneficial by founders.
        
         | WalterBright wrote:
         | On the other hand, I know a fellow who thought the startup had
         | no future, and wanted a higher salary in lieu of options.
         | Management said ok.
         | 
         | A couple years later, the ship came in, and it was a big payday
         | for the other employees, but not him. He was furious.
        
         | jacquesm wrote:
         | I'm pretty sure they were totally floored that you asked that
         | question. They probably expected a starry eyed response and a
         | 'where do I sign, master'.
        
       | Animats wrote:
       | That's what most crypto investments look like.
        
       | akavi wrote:
       | Huh, a lot of this doesn't ring true to me, as someone who's
       | negotiated comp at 6 (mostly YC backed) startups over the past 5
       | years.
       | 
       | In my experience, 10 year expiration dates for options and
       | reasonably detailed financials (at the very least, ARR, ARR
       | growth rate, churn rate) have been table stakes. And most
       | companies were happy to let me view their latest round's pitch
       | deck, after signing an NDA.
       | 
       | It's frustrating that almost no company offers early exercise
       | rights, given how significant a tax value that it can represent,
       | but compared to most other industries, it does seem tech is
       | particularly employee friendly.
        
         | lbotos wrote:
         | It's fascinating because the 2 YC backed startups I worked for
         | both offered early exercise. Not saying you are wrong, In my n
         | = 2 experience, I thought it was in the "YC Playbook".
        
         | anamax wrote:
         | > And most companies were happy to let me view their latest
         | round's pitch deck, after signing an NDA.
         | 
         | If potential investors are seeing that deck without an NDA, why
         | should you sign one?
        
           | CardenB wrote:
           | Because employees that you interview are different from
           | investors.
           | 
           | At a minimum, you are going to interview a lot more engineers
           | that are tempted to divulge trade secrets than investors.
        
           | 21723 wrote:
           | The real answer, of course, is social class. Marx was right.
           | Investors are the bourgeoisie, and you're a proletarian whose
           | survival needs are an exploitable resource. They don't follow
           | the rules you do. Investors are like Ancient Greek gods (or
           | Ancient Greek something else) to founders, and you and I are
           | shit to these people, and the moment you stop making excuses
           | for their behavior and see it as it really is, it all makes
           | sense.
           | 
           | What even Marx didn't foresee was the effectiveness with
           | which managerial bureaucrats (who might have been considered
           | upper proletarian in the 1800s) would take the system over
           | for their own purposes and merge into--and, arguably, become
           | --the real elite... the same thing that happened in certain
           | failed socialist experiments.
        
       | [deleted]
        
       | IncRnd wrote:
       | Well, actually I had a similar conversation at a startup a few
       | years back. I wanted to be paid in stock instead of money. This
       | is actually not an uncommon sort of conversation when you intend
       | to work at a company, but where they want you to sell a separate
       | existing company you already hold.
       | 
       | In any case working for a paycheck is different compared to
       | investing for a possible payday.
        
       | 21723 wrote:
       | If the investors had bought in, Episode 2 would have 60% of the
       | investors either being made so miserable they quit, or fired "for
       | performance" after 364 days of service ("cliff") so they get
       | nothing--of course, even the employees who do hold on rarely get
       | anything, but that's another story.
       | 
       | The really sickening thing is that most acquisitions (since
       | that's the likely route for these companys, if they succeed at
       | all) involve the common stock getting wiped out while the
       | executives get "management incentive plans" in new stock. They
       | still get screwed if they leave the acquirer (since their vesting
       | clocks usually reset) but they at least have a shot at getting
       | something.
        
       | anm89 wrote:
       | I'd have to imagine that taking equity as an employee is in most
       | cases a negative EV move. Keep in mind, people win powerball.
       | That fact that something is negative EV doesn't mean there aren't
       | winners.
       | 
       | FAANG RSUs might potentially be another exception.
       | 
       | But it seems like early stage startup options are an absolutely
       | minefields for employees. I've seen instances where it was setup
       | so regardless of how the company performed, people in the first
       | 10 employees would have walked away with nothing in an exit.
       | 
       | And that's before talking about Cliffs. Even if every other thing
       | falls into place, you can just get fired on day 355 if a founder
       | decides they'd prefer to hold more equity.
        
       | ada1981 wrote:
       | I'd like to see the inverse of this -- if founders treated
       | employees like they treat investors.
        
       | eatonphil wrote:
       | > Can't you guys just replace this 90-day clause with a 10-year
       | expiry, so that I wouldn't have to deal with all these risks?
       | 
       | I'm not an expert but my understanding is that everyone should be
       | pushing for this or for options to be way cheaper to purchase
       | when you leave.
       | 
       | Without one of those two options the safest thing to do to not
       | waste vesting time is join a public company or a late stage
       | startup. Late stage startup you're more likely to be acquired or
       | IPO while you're there and you don't purchase options out of
       | pocket.
       | 
       | Early stage startups are where you're least likely to stay the
       | 7-12 years required for the exit event to take place and thus
       | most likely to leave vested options on the table when you leave
       | the company because you don't have cash and/or don't want to risk
       | that cash.
        
         | anamax wrote:
         | If it's early, you should 83(b) the options. That eliminates
         | the "tax at exercise" problem and starts the long-term holding
         | clock.
         | 
         | Yes, you have to come up with the cash to buy the stock at
         | 83(b) time, but if it's early, that's pocket change.
        
           | bcassedy wrote:
           | It's not pocket change for people early in their career. An
           | early engineer in a series A company could easily be getting
           | 10k+ in options
        
         | HWR_14 wrote:
         | As I understand it, options being cheaper to purchase means a
         | larger tax bill when you vest them, since they have a strike
         | price below their current value.
        
           | lbotos wrote:
           | I'm not sure what you mean.
           | 
           | You aren't taxed when options vest because there was no gain.
           | Only when you exercise options, and you will be taxed on the
           | gain. So if you make more money, sure your tax will be
           | higher.
           | 
           | RSUs are taxed at vest as that's a gain.
        
             | HWR_14 wrote:
             | Because the options, when they vest, have no value.
             | However, an ITM option does have value. The amount it's
             | ITM. So you'd have to pay the amount it's below FMV as
             | income, right?
        
         | bspear wrote:
         | Believe the downside to 10-year is that they convert from ISOs
         | to NSOs, which is far less tax-favorable
         | 
         | But obviously, much better cashflow-wise
        
       | guelo wrote:
       | It's so unethical. Especially since most engineers aren't savvy
       | enough to have this conversation, the whole pitch is designed to
       | bamboozle.
        
       | biomcgary wrote:
       | On the other hands, some founders are amazing. I'm currently
       | working at a biotech startup started by a very successful serial
       | founder. At this company, the founder hired people that he has
       | worked with before, so my colleagues are top-notch. The founder
       | respects everyone he hired (and vice versa). The short-term
       | compensation is highly competitive and rather than options, all
       | employees were able to purchase shares (and the cost was covered
       | by a bonus). All of the employees are regularly briefed on the
       | fund-raising prospects (SAFE notes, Series A). Of course, I had
       | just resigned from a company that fit the OP's description all
       | too well.
        
       | sl9dmk2 wrote:
       | Gotta love the satire. Another thing investors have is access to
       | the full cap table and what people are paid across their entire
       | portfolio.
       | 
       | Employees have hearsay and scraps of info that friends are
       | willing to share. Limited information = easy exploit
       | 
       | Found this database of startup comp that sorta evens the playing
       | field: https://topstartups.io/startup-salary-equity-database/
       | 
       | Anything else out there?
        
         | VinLucero wrote:
         | Levels.fyi has good compensation data.
        
         | 21723 wrote:
         | The long con of startups is that founders want you to think
         | you're an investor--in truth, you are, because you're investing
         | time, which ought to be more valuable than the money of people
         | who have scads of it--and work like you're an investor... but
         | they're still going to treat you like an employee. It's the
         | same dysfunctional bureaucracy of the corporate ladder, except
         | in this iteration it's across companies, so you don't even see
         | the true executives (VCs). There are more rungs, more pitfalls,
         | and greater socioeconomic distances than there ever were
         | before.
         | 
         | The innovation of Silicon Valley isn't anything to do with
         | technology, and hasn't been since the 1990s. Rather, it's the
         | disposable company. If the investors get sick of something
         | existing, they can choose not to fund it in the next round,
         | call their friends and tell everyone else not to fund it, and
         | it dies, allowing them to build something new in its place. The
         | advantages (to investors) of the disposable company are legion,
         | but one if them is that it doesn't matter all that much if you
         | pick a scumbag. Which is also why YC backs so many DVFs
         | (domestic violence founders). If they're jerks who get stuff
         | done, you can let them collect a few million before firing them
         | and putting your buddies in executive positions; if they're
         | jerks who don't get stuff done, then you scrap the company and
         | fund some other DVF.
        
           | sl9dmk2 wrote:
           | > Which is also why YC backs so many DVFs (domestic violence
           | founders)
           | 
           | Are you Ryan Breslow?
        
             | 21723 wrote:
             | I don't know who he is. Should I?
        
               | sl9dmk2 wrote:
               | https://twitter.com/theryanking/status/148578482364175564
               | 8?s...
               | 
               | Curious to hear more about DVFs. Not surprised they
               | exist, but doubt they are the majority?
        
       | carlosdp wrote:
       | Every time one of these is written, it comes off as if the 90-day
       | window is something startups came up with to try and screw
       | employees.
       | 
       | A reminder that the 90-day window is a requirement by law in
       | order for options to qualify as Incentive Stock Options, and
       | receive favorable tax treatment for employees [1].
       | 
       | If you want to do 10-yr exercise, that's fine, but until the law
       | is changed those will be NSOs and not receive that special tax
       | treatment and will be taxed on exercise instead of on sale.
       | 
       | [1] https://www.cooleygo.com/isos-v-nsos-whats-the-difference/
        
         | woah wrote:
         | There was a talk that's been shared on here from Ben Horowitz
         | where he explicitly pitches the 90-day window as a way to screw
         | employees. That's probably where the perception comes from:
         | 
         | > The second way to handle it - no companies do this, which is
         | why I actually really like this post that he wrote - is you can
         | say up front, " Look you are guaranteed to get your salary but
         | for your stock to be meaningful, these are the things that have
         | to happened. You have to have vested. Two, you have to stay
         | until we get to an exit. Untile the company makes it. You've
         | got other money." Finally, the company actually has to be worth
         | something. Because 10 percent of nothing is nothing. The reason
         | we set the policy this way is we really value people who stay.
         | So don't join this company if you are going to join another one
         | in 18 months because you're going to get screwed. Our policy
         | guarantees you're going to get screwed.
         | 
         | https://genius.com/B-horowitz-lecture-15-how-to-manage-annot...
        
           | ghiculescu wrote:
           | He pitches it as a way of screwing employees who aggressively
           | job hop. Not really the same thing.
        
             | gkop wrote:
             | No, a16z is very explicit about their views. This is not
             | from Ben but from the current managing partner:
             | 
             | > A 10-year exercise window is really a direct wealth
             | transfer from the employees who choose to remain at the
             | company and build future shareholder value, to former
             | employees who are no longer contributing to building the
             | business/ its ultimate value.
             | 
             | https://a16z.com/2016/06/23/options-timing/
        
               | jacquesm wrote:
               | I read that as you're supposed to loyal right up to the
               | point the company decides to lay you off and you better
               | not think that you have any freedom once you sign on
               | because we will _retroactively_ screw you. The
               | percentages in the typical option pool are not going to
               | move the needle anyway and those employees that served
               | the company early on took far greater risks than those
               | that did so later and probably were paid much less too.
               | So as far as I 'm concerned they are well entitled to
               | their stock.
        
               | gkop wrote:
               | Totally. It's really fantastic that a16z is transparent
               | about their values. It's safe to assume other VCs share
               | these beliefs but choose not to disclose them.
        
             | 21723 wrote:
             | Yeah, because fuck those workers who try to make a free
             | market work for them once in a while. Don't they realize
             | that market talk is only a way for their social class
             | superiors to justify doing whatever they want, and that it
             | isn't for them?
        
           | 21723 wrote:
           | At this point, I'm surprised when other people are surprised
           | that founders and investors work together to screw employees.
           | "Work", in the corporate sense, is the same sort of
           | exploitative, morally vacuous, might-makes-right dominance
           | hierarchy that humans have been forming for thousands of
           | years. We haven't evolved beyond that garbage yet.
        
         | [deleted]
        
         | heliodor wrote:
         | Then the startup should explain it. They prefer to say nothing
         | on the topic. So, they typically care a lot about the UX of
         | product users but not about the UX of their employees. Seems
         | shortsighted.
        
         | jkaplowitz wrote:
         | That's true and it's not true.
         | 
         | An increasing number of startups issue their grants such that
         | they qualify as ISOs if exercised within the 90-day window but
         | automatically convert to NSOs 90 days after departure (with the
         | actual exercise deadline dependent on employee tenure), so that
         | the employee and their tax advisors at time of departure get to
         | decide how to handle the tradeoff of more time for reflection
         | vs better tax treatment.
         | 
         | What's more, if an employee gets more than $100k of exercisable
         | options in a year - very possible especially in cases where
         | early exercise is allowed - only $100k of those are treated as
         | ISOs. There's no way in which the tax law privileges a short
         | post-termination exercise period for the excess above $100k.
         | 
         | Last, some companies use the same options plan both inside the
         | US and outside, including my two most recent employers. Most
         | employees working outside the US, with some exceptions like US
         | citizens and green card holders, wouldn't have to care about
         | this US tax law nuance.
        
           | carlosdp wrote:
           | Yea I looked into this when we were forming our options plan
           | after I read Sam Altman's article arguing for it. It's not as
           | common as you might think yet.
           | 
           | We have one of the big name corporate law firms that most VC-
           | backed startups use, and when I asked about this kind of
           | setup they hadn't heard of it before. Path of least
           | resistance was to just do a regular ISO, especially since
           | early team members are usually experienced startup people
           | like us that are used to ISOs anyways.
           | 
           | Would love to revisit it in the future and see if we can
           | enact this sort of plan, although in our case since we're in
           | the web3 space, the equity might not matter as much as the
           | tokens (which don't get favorable treatment either way atm).
        
             | leoqa wrote:
             | Does your company sell the tokens to account for tax
             | liability when compensating employees with tokens?
             | 
             | I can imagine a new hell where my bonus is paid in Foo
             | tokens but it isn't liquid and then I have a massive tax
             | liability as the crypto market tanks.
        
       | rootusrootus wrote:
       | (2020), and previously discussed here:
       | https://news.ycombinator.com/item?id=24198228
        
       | bspear wrote:
       | Somehow I heard Adam Neumann's voice throughout this article :)
       | 
       | But yes, the hypocrisy is real. Employees get screwed big-time by
       | lack of information and 90-day exercise window:
       | https://www.productlessons.xyz/article/how-stock-options-for...
       | 
       | Important thing is that the message continues to get out there,
       | and more people know to ask the right questions.
        
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